A bank had a clause in its standard terms which provided that it could continue to recover interest at the contract rate after judgment for default. The clause was an unfair term. The clause allowed a bank to impose an arrangement for repayment by instalments without the court having the opportunity to judge the level … Continue reading Director General of Fair Trading v First National Bank Plc: CA 15 Sep 1999
UTLC LANDLORD AND TENANT – service charge – reserve funds – lease providing that reserve funds could be used to meet any temporary deficiencies in monies available for general expenditure – whether LVT should have embarked on any consideration of the question of whether monies from the reserve funds had been so spent and (if … Continue reading Solitaire Property Management Company and Another v Holden and Others: UTLC 10 Apr 2012
Judges: David Casement QC Citations: [2015] EWHC 3727 (Ch) Links: Bailii Statutes: The Unfair Terms in Consumer Contracts Regulations 1999 Jurisdiction: England and Wales Landlord and Tenant, Consumer Updated: 04 October 2022; Ref: scu.558295
The claimant had sought to conduct a competition to sell his house, the entry fees being collected by the defendant internet payment services provider. The defendant terminated the service to him, and he complained that that caused him substantial damages, and that the terms were unfair. Held: ‘Mr Overy is not entitled to the protection … Continue reading Overy v Paypal (Europe) Ltd: QBD 2 Mar 2012
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Banking and financial services – conflict of laws – contract – anti-suit injunction – unfair contract terms – defendants signed foreign exchange margin trading agreement in greece – proceedings in greece and england – agreement contained english jurisdiction clause but defendants acted as consumers – defendants entitled to bring proceedings in greece despite jurisdiction clause … Continue reading Standard Bank London Ltd v Apostolakis and Another: ComC 9 Feb 2001
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene. Held: On a challenge to an individual contract, the court would be able to see the term in the particular context and be better able to see its fairness or … Continue reading Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008
The court considered the reaonableness of a contract clause which sought to exclude liability for misrepresentation: ‘The consequence of the approach adopted in Stewart Gill [[1992] 1 QB 600] is (as the present case shows) that the court may hear arguments that a term is or may be unreasonable (and so wholly void in relation … Continue reading Skipsredittforeningen v Emperor Navigation SA: 1997
The court was asked whether so-called ‘land-banking’ schemes were ‘collective investments schemes’ within section 235. Held: Andrew Smith J discussed the difference in effect between the contra preferentem rule, and regulation 7 of the 1999 Regulations as principles of construction, concluding that they were ‘to much the same effect’, and decided that its activities amounted … Continue reading The Financial Services Authority v Asset L I Inc and Others: ChD 8 Feb 2013
The claimant, who owned a holiday mobile home on the respondent’s site challenged the raising of site fees, saying that the contract was unfair. Previously all site fees were equal within the site, but the respondent had introduced a scheme which reflected the differing grades of pitches. The judge had rejected her argument that the … Continue reading Du Plessis v Fontgary Leisure Parks Ltd: CA 2 Apr 2012
Court Service Enforcement of an adjudicator’s decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of Shepherd v Mecright; applicability of Unfair Terms in Consumer Contracts Regulations 1999. Held: The contract was governed by an adjudication clause, the adjudicator had jurisdiction to determine whether … Continue reading Westminster Building Company Ltd v Beckingham: TCC 20 Feb 2004
SERVICE CHARGES -Costs before leasehold valuation tribunal – Whether payable under Lease – Effect of Paragraph 10(4) of Schedule 12 of Commonhold and Leasehold Reform Act 2002 – Unfair Terms in Consumer Contracts Regulations 1999 – jurisdiction of LVT’s – how it should be exercised – Significant imbalance in parties’ rights – Reasonableness of legal … Continue reading Canary Riverside Pte Ltd v Schilling and others: LT 16 Dec 2005
The OFT alleged that certain standard terms in the defendant’s letting agent contracts were unfair. The agent had withdrawn the former terms, but relief was still sought on those terms and their effect, and as to the fairness of the new ones. The terms had sought continued remuneration after any tenancy renewal even if they … Continue reading The Office Of Fair Trading v Foxtons Ltd: ChD 10 Jul 2009
The parties were landlord and tenant. The landlords served a notice to increase the rent, but the tenant failed to serve a counter-notice within the relevant period. The landlord claimed the tenant was bound, and appealed a decision against them. Held: The appeal succeeded. The Mecca case was wrongly decided. The deeming provision in the … Continue reading Starmark Enterprises Ltd v CPL Distribution Ltd: CA 31 Jul 2001
The Court considered the application of the 1999 Regulations to the terms of a lease granted as an extension to an earlier lease under the 1993 Act. Citations: [2018] EWCA Civ 2284 Links: Bailii Statutes: Leasehold Reform, Housing and Urban Development Act 1993, Unfair Terms in Consumer Contracts Regulations 1999 Jurisdiction: England and Wales Landlord … Continue reading Jones and Another v Roundlistic Ltd: CA 19 Oct 2018
The claimant, a customer of the defendant had been charged sums when he went overdrawn beyond his limit. He claimed that the sums were unlawful penalties under the Regulations. The bank said that it had refunded the charges. The claimant sought exemplary and aggravated damages. Held: The claim should not proceed. The claimant had deliberately … Continue reading Brennan v National Westminster Bank Plc: QBD 27 Nov 2007
The OFT alleged that the defendant companies had been engaged in breaches of the Act and the Regulations in their practices in selling gym memberships. The defendant were selling and managing memberships for gyms. They advised as to the different contract models, recommending minimum terms for lower cost schemes, and on enforcement and collection methods, … Continue reading The Office of Fair Trading v Ashbourne Management Services Ltd and Others: ChD 27 May 2011
Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in order to meet another administrative target. Held: ‘to depart from national guidance given under statute in order to achieve … Continue reading Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003
The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers. Held: Whether a party is a commercial agent within the meaning of the Directive or the Regulations is a straightforward matter, to be determined by reference … Continue reading Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another: QBD 3 Oct 2011
The claimant bought fine art sculptures by Anish Kapoor at auction. They were stored by the defendant who when called upon to deliver them, said they had possibly been thrown away as rubbish. The defendant sought to limit its liability to the sum set by its contract. The defendant said that the claimant had been … Continue reading Scheps v Fine Art Logistic Ltd: QBD 16 Mar 2007
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply … Continue reading Rochdale Borough Council v Dixon: CA 20 Oct 2011
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
The OFT had sought and obtained an injunction regarding the use of certain standard terms in their estate agency business. Both parties appealed. Held: The OFT’s appeal succeeded. The court had been wrong to restrict the effect of the injuncion to contracts not already in existence. It should extend to existing contracts. The Regulations were … Continue reading Office Of Fair Trading v Foxtons Ltd: CA 2 Apr 2009
The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could be used neither by the OFT, nor by individual consumers to object to their charges. Held: … Continue reading Office of Fair Trading (OFT) v Abbey National Plc and Others: SC 25 Nov 2009
barclays_kufnerComC2008 The bank sought summary judgment under a guarantee to secure a loan to purchase a luxury yacht which was to be hired out in business. The loan had been charged against the yacht, but when the yacht was re-registered, the bank failed to re-establish its charge. Held: The application succeeded. There was no duty … Continue reading Barclays Bank Plc v Kufner: ComC 10 Oct 2008
An insurance company had engaged a main contractor to handle repairs to houses insured under its policies. The contractor had engaged the claimant subcontractor to carry out the works at the defendants’ homes, but then went into insolvent liquidation before the works were paid for. The claimant now sought payment direct from the insured. The … Continue reading AJ Building and Plastering Ltd v Turner and Others: QBD 11 Mar 2013
The appellant had overstayed the permitted period of free parking in a retail park by nearly an hour. The parking was managed by the respondent who had imposed a charge of 85.00 pounds. The judge had found that the appellant was in breach of a contract entered into when parking. The charge had been a … Continue reading Parkingeye Ltd v Beavis: CA 23 Apr 2015
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001
The OFT had sought to enquire as to the fairness of the terms on which banks conducted their accounts with consumers, and in particular as to how they charged for unauthorised overdrafts. The banks denied that the OFT had jurisdiction, and now appealed against an order against them. Held: An assessment of the fairness of … Continue reading Abbey National Plc and others v The Office of Fair Trading: CA 26 Feb 2009
The defendants contracted to pay estate agents to find them a house. They completed the purchase of a property mentioned to them three times by the agent, but now appealed from a finding that they were obliged to pay his commission. The judge found that it was not implied into the contract that the commission … Continue reading The County Homesearch Company (Thames and Chilterns) Ltd v Cowham: CA 31 Jan 2008
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants’ views to hold sway. At first instance … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
The purchaser of a caravan park purported to terminate the 10 year licences under which the owners of the various caravans occupied their respective pitches. The sale agreement of the caravan site had contained a covenant by the purchaser with the vendor to perform and observe the future obligations imposed by the licences. The claimant … Continue reading Baybut v Eccle Riggs Country Park Ltd: ChD 2 Nov 2006
The court was asked to sanction the unilateral alteration by the landlord of the terms of some ten thouand tenancies. The agreements contained a clause which the landlord said allowed for variations under the Housing Act 1985. The landlord was a registered social landlord who had taken over the tenancies from local authorities which would … Continue reading Peabody Trust v Reeve: ChD 2 Jun 2008